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In Unknown Ways



It would not be a stretch to say the lobster industry has never been in as difficult a bind as it is facing today. The combination of a proposed 50% cut to lobster trap vertical lines and a 70% cut in the herring quota total a historic challenge. There hasn’t been a legal threat like this since a 1957 tie-up over the boat price led to a U.S. Department of Justice anti-trust lawsuit against the Maine Lobstermen’s Association. That resulted in a consent decree that was not lifted until 2014.

The current lawsuit threatening the lobster industry was filed by four ENGOs. The suit charges NMFS with failing to do enough to protect the endangered North Atlantic right whale. Unlike the DOJ action against the MLA in 1957, this suit charges a federal agency with failing to uphold federal law, the Endangered Species Act, supporting its case with data gathered by a federal agency, NOAA. From that data it was concluded that life-threatening injuries and deaths impacting right whales had to be reduced by 60 to 80% for the right whale to avoid extinction.

Based on the most recent data being used, entanglement in fishing gear is the leading cause of injury and deaths of right whales. Out of this came a demand for actions by the fishing industry that could result in the 60 to 80% reduction in threatening injuries and death for the right whale.

This may not result in a 50% reduction of vertical endlines for all lobstermen. Weak ropes, weak links, long trawls and other possible innovative entries may effect the outcome.

Each of the states will be looking at what they can do to reduce gear interactions with right whales in their jurisdictions through a combinations of gear changes. NMFS will be looking at what the states propose, whatever proposals are made for federal waters, and do an analysis. Over the summer NMFS will do scoping sessions in New England fishing ports – four in Maine and others in MA, NH and RI.

Whatever the outcome of all this, lobster fishing will likely emerge changed in unknown ways. The changes will be more costly for some fishermen. At this point it looks like a numbers game. Changing gear numbers to change the number of right whales that remain alive.